Nitya Das vs State Of West Bengal & Ors

Rajasekhar Mantha, J

This Court notes that the matter comes for extension of interim order but the records relevant to the purpose of dealing with the revisional application are available.

The learned counsel for the State is represented and seeks adjournment, since he does not have the case diary. This Court is of the view that the revisional application could be disposed of with the following order.

The revisionist is the father of the victim girl, who is claimed to have been kidnapped and trafficked from North 24 Parganas and subsequently taken to Gujarat and thereafter, sold to a brothel in Hyderabad. The victim girl was 17 years of age at the time of the offence. The victim underwent medical termination of pregnancy and also was made to sign on a marriage certificate under threat and coercion. An FIR was registered on March 1, 2017 and charge sheet filed under November 15, 2017 under Sections 363/365/366A/370/376 read with Section 120B/34 of the Indian Penal Code against 7 accused persons. 12 persons have been named as charge sheeted witnesses.

Against the charge sheet, the revisionist filed a Naraji petition that was rejected by the court below on, inter alia, the ground that ordering further investigation after the Court has taken cognizance on December 20, 2017, is not desirable and beyond the jurisdiction of the Court.

This Court notes the decision of a Co-ordinate Bench of this Court in the case of State of West Bengal vs. Sangita Sahu @ Shaw reported in (2018) 3 Calcutta Law Reports (CAL) 459, where the guidelines have been set out by a Division Bench of this Court to the following effect;

(a) any First Information Report (for short F.I.R.) registered under the I.T. (P) Act or under sections 370/372/373 of I.P.C. or under the provisions of the POCSO Act involving commercial sexual exploitation of women or children should be investigated by a specialised agency like Anti-Human trafficking Unit;

(b) such F.I.R.s registered with the local police station must, within 24 hours thereof, be transferred tot he specialised agencies for further investigation;

(c) in order to facilitate the investigation in these cases, State Government is directed to set up Anti-Human Trafficking in every district which shall be manned by specially trained police personnel not below the rank of Inspector who would be preferably women. These officers shall be notified as special police officers under section 13 of the I.T. (P) Act.

(d) statements of victims who are recovered in the course of raid or thereafter must be mandatorily recorded under Section 164 of the Code of Criminal Procedure;

(e) victims must be extended medical assistance which shall include psychological counselling in terms of section 357B of Cr. P.C. at appropriate specialised medical institutions of the State;

(f) upon the recording of their statements under Section 164 of the Code of Criminal Procedure necessary financial assistance by way of interim compensation and/or other rehabilitation measures provided under the Victim Compensation Scheme formulated by the State of West Bengal under Section 357A must forthwith be extended to the victims. In the event, the victims are minors they must be forwarded before the Child Welfare Committee for care, custody, rehabilitation, etc.;

(g) jurisdictional Magistrates/Special Courts to whom the cases are reported shall seek report from the Investigating Agency as well as from the Secretary, District Legal Services Authority with regard to providing of medical assistance, compensatory and/or other rehabilitation assistances to the victims of such crimes;

(h) wherever there is a threat perceptive to the victims and/or their families, they shall be extended police protection and other necessary protective measures by the trial court;

(i) prosecution of such cases shall be done with utmost promptitude and be concluded at an early date;

(j) during trial, learned Public Prosecutor shall ensure the recording of depositions of the victims at the earliest without unnecessary delay preferably within a month from the date of commencement of trial so that any chance of winning over or intimidation of the victims may be minimal."

C.I.D., West Bengal shall follow the procedure laid down in such judgment.

This Court notes with surprise that the matter has not been transferred to the C.I.D., West Bengal and no charge has been registered under the provisions of the POCSO Act of 2012 and Immoral Traffic (Prevention) Act, 1956.

In view of the sound directions of this Court in the case of Sangita Sahu @ Shaw (supra), this Court directs further proceedings in G.R. Case No. 727 of 2017 arising out of Bongaon Police Station Case No. 182/2017 dated March 1, 2017 under Sections 363/365/366A/370/376/120B/34 of IPC, be stayed until the C.I.D., Anti-Human Trafficking Unit, West Bengal conducts a further investigation in the matter.

Let the further investigation in the G.R. Case and all records, documents and evidence be transferred to the C.I.D., Anti-Human Trafficking. Upon completion of further investigation, the C.I.D., West Bengal shall be entitled to file a supplementary charge sheet against the accused persons and any other person that they may deem fit and proper.

Since, the I.O. has already travelled to Ahmedabad, it cannot be said that inter state investigation has not been done. However, since as the victim girl was finally taken to Hyderabad and sold to a brothel thereat, the C.I.D., West Bengal shall be entitled to travel outside West Bengal and to any other place including Hyderabad to complete further investigation as ordered herein above.

It is expected that the further investigation is completed by the C.I.D., West Bengal within a period of 4 months from the date of communication of a copy of this order.

With the aforesaid directions, the revisional application shall stand disposed of.

There will be no order as to costs.

In view of the disposal of the main revisional application, the connected application being CRAN 3159 of 2019 also automatically stands disposed of.

Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.